[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32247-32248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10667]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA'')
On May 15, 2023, the Department of Justice lodged a proposed
consent decree with the United States District Court for the District
of New Jersey in the lawsuit entitled United States of America, New
Jersey Department of Environmental Protection, Commissioner of the New
Jersey Department of Environmental Protection, and Administrator of the
New Jersey Spill Compensation Fund v. Bank of America, N.A., Civil
Action No. 3:23-cv-02598.
The United States seeks performance of a remedial action and
reimbursement of response costs under sections 106 and 107 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA'') in connection with the White Swan Cleaners/Sun Cleaners
Area Ground Water Contamination Superfund Site (``Site''), located in
Wall Township, Manasquan Borough, and Manasquan Borough, Monmouth
County, New Jersey. The New Jersey Department of Environmental
Protection, the Commissioner of the New Jersey Department of
Environmental Protection and the Administrator of the New Jersey Spill
[[Page 32248]]
Compensation Fund (collectively, ``NJDEP'') are co-plaintiffs.
Under the proposed consent decree, the Settling Defendant (i.e.,
Bank of America, N.A.) agrees to perform the remedial action relating
to vapor intrusion and groundwater that is identified in the United
States Environmental Protection Agency's (``EPA'') Record of Decision
relating to the Site, dated September 30, 2013, as modified in the
Explanation of Significant Differences that EPA issued on September 25,
2017. The proposed consent decree also requires the Settling Defendant
to pay the United States $10.8 million for past and future response
costs and up to $1.5 million for future oversight costs. Further, the
proposed consent decree requires Settling Defendant to pay a total of
$6.5 million to NJDEP to resolve its liability for past and future
costs and for natural resource damages.
The publication of this notice opens a period for public comment on
the proposed consent decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
Environmental Enforcement Section, and should refer to United States of
America, New Jersey Department of Environmental Protection,
Commissioner of the New Jersey Department of Environmental Protection,
and Administrator of the New Jersey Spill Compensation Fund v. Bank of
America, N.A., Civil Action No. 3:23-cv-02598, D.J. Ref. No. 90-11-3-
11140. All comments must be submitted no later than sixty (60) days
after the publication date of this notice. Comments may be submitted
either by email or by mail:
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To submit comments: Send them to:
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By email............................ [email protected]
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the consent decree may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the consent decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $664.75 (25 cents per
page reproduction cost), for the consent decree with appendix, or
$10.25 for the consent decree without the appendix, payable to the
United States Treasury.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-10667 Filed 5-18-23; 8:45 am]
BILLING CODE 4410-15-P